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TMI Blog2022 (6) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... r Company and Transferee Company be dispensed with. b) The convening and holding of the meetings of the Unsecured creditors of the Transferee Company to consider and approve the proposed Scheme of Amalgamation between the Transferor Company and Transferee Company be dispensed with. c) That appropriate orders and/directions be passed by the Hon'ble bench for serving notice under the provisions of Section 230 (5) of the Companies Act, 2013, upon Central Government through 1. Regional Director, North East Region, Ministry of Corporate Affairs, Guwahati. 2. Registrar of Companies, North Eastern Region, Guwahati 3. Official Liquidator, High Court, Guwahati 4. Income Tax Authorities having jurisdiction over the affairs of all the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in accordance with the terms hereof. d) The Scheme is expected to have the following benefits: i. Benefit to the shareholders and other stakeholders of the respective companies by consolidating and simplifying the group structure, business operations, pool resources and provide optimal utilization of various resources; ii. Economies in administrative and managerial costs by consolidating operations and would substantially reduce duplication of administrative responsibilities and multiplicity of records and legal and regulatory compliances; iii. Enhance growth prospects, reduce overheads, administrative, managerial and other costs and expenditure and remove inefficiencies and bring operational rationalization and organizational effi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 133 of the Companies Act, 2013 has been annexed hereto and marked as ANNEXURE 'H-2'. 5.3. A certified copy of the Valuation report provided by the Registered Valuer in accordance with the Companies Act, 2013 dated 17.01.2022 has been annexed and marked as ANNEXURE 'I'. 5.4. The total number of Equity Shareholders in the Dholka Plywood Industries Private Limited/ TRANSFEROR COMPANY is 2 (Two) as on 30.11.2021. All the shareholders of the Dholka Plywood Industries Private Limited/ TRANSFEROR COMPANY have given their written consents by way of affidavits to the proposed Scheme of Amalgamation. A copy of list of Shareholders duly certified by the Statutory Auditor has been annexed and marked as ANNEXURE 'J' and affidavit by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents which are annexed hereto and have been marked as ANNEXURE 'M-1'. 5.8. The Declaration u/s 29A of the IBC, 2016 by the Transferor Company and Transferee Company has been annexed herewith and marked as ANNEXURE 'N-1' and ANNEXURE 'N-2' respectively. 6. The Applicant Companies have stated that the Transferor Company is in Gujrat and coming under the Hon'ble NCLT Bench at Ahmedabad They have filed separate application before Hon'ble NCLT bench Ahmedabad. The Transferee Company is in Assam and coming under Hon'ble NCLT Guwahati Hence this Application is filed here. 7. They further submit that no prejudice would be cause to any one, if an order is made and/or directions are given as prayed for hereinabove and hence, appropriate orders/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representations, if any, to be made within a period of 60 days from the date of receipt of such notice, failing which it would be presumed that they have no objections to make on the proposed Company Scheme/ Proposal. Such notices shall be sent forthwith by registered post or by speed post or by courier or by hand delivery at the office of the above authorities as required by sub-rule (2) of the Rule 8 of the Companies (CAA) Rules, 2016. The aforesaid authorities who desire to make any representation under sub-section (5) of Section 230, shall send the same to the Tribunal within a period of 60 (Sixty) days from the date of receipt of such notice, failing which it would be deemed that they have no representation to make on the proposed arra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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